After a three-day trial in federal court, a jury issued a mixed verdict in a former Allentown employee\u2019s discrimination lawsuit against the city, leading both sides to declare victory.<\/p>\n
According to court documents, a jury found the city not liable in the firing of former human resources generalist Karen Ocasio, after demonstrating a \u201clegitimate, non-retaliatory reason\u201d for her firing.<\/p>\n
However, jurors also said they believed Ocasio\u2019s termination was connected to her filing of discrimination complaints, and that she \u201chas proven by a preponderance of evidence that there is a \u2018but for\u2019 causal connection between the materially adverse action (termination) and the protected activity (complaints of discrimination).\u201d<\/p>\n
The mixed verdict has led to different interpretations among the two parties, both of which are declaring themselves the victor in the lawsuit.<\/p>\n
\u201cA jury found the City not liable in the discrimination case, determining that the City had a legitimate reason for the employee\u2019s termination and that the City did not retaliate against the employee,\u201d Allentown spokesperson Chelsea Koerbler said in a written statement. \u201cThe City remains committed to ensuring that Allentown is a welcoming and respectful place to work, where every employee feels valued and supported.\u201d<\/p>\n
However, Marc Weinstein, Ocasio\u2019s lawyer, said in an interview Thursday with The Morning Call, \u201cWe declare ourselves the winner.\u201d\n<\/p>\n
Regardless of the other two findings, the jury found that there was a causal connection between Ocasio\u2019s complaints of discrimination and her termination, meaning that the city violated laws related to retaliation and protected workplace activity, Weinstein argued.<\/p>\n
\u201cThe jury also found that there were other reasons for letting her go too,\u201d Weinstein said. \u201cBut under the law, if you show retaliation, which we did, we win.\u201d<\/p>\n